Undisclosed meaning

Before acquiring a property or any interest in it, carrying out thorough and appropriate planning searches and enquiries is essential for any person or entity to ensure that the buyer will: not inherit undisclosed outstanding obligations or conditions, nor the burden of remedying or paying for earlier breaches of planning control be able to use and operate the property for the intended purposes If a breach of planning control or any outstanding liabilities are uncovered, the buyer can ask the seller to: remedy the breach before exchange, or settle the liability take out insurance for any loss in the value of the property and the legal expenses incurred in defending an attempt to enforce the breach negotiate a reduction in the sale price to reflect the buyer’s anticipated costs of remedying the breach or settling the liability If the buyer would not be able to use the property for the intended purposes, it may have...

In this issue Key DR developments Claims and remedies Costs and funding Litigation Applications—general Evidence and disclosure Appeals New content Dates for your diary Useful information Daily and weekly news alerts Key DR developments CPR Committee minutes Minutes of the CPR Committee meeting—6 June 2025: The Civil Procedure Rule Committee met on 6 June 2025 in a hybrid session at The Rolls Building (Royal Courts of Justice) and via video conference. The minutes confirm a forthcoming CPR 51 pilot enabling non-parties to obtain court documents, arising from the Supreme Court ruling in Cape Intermediate Holdings Ltd v Dring [2019] UKSC 38. They also record approved amendments to the e‑working pilot, progressing towards a permanent electronic filing system as part of ongoing court modernisation. Further topics included summary assessment of costs, arbitration updates, disclosure, civil restraint orders, closed material procedures, judicial review reforms for infrastructure projects, whiplash reforms, digital services and other procedural...

Banking & Finance—October 2024 case round-up Brierley v Otuo and others [2024] EWHC 2549 (Ch) — Security: cost recovery on legal mortgages The court refused the mortgagee’s appeal against a 28 July 2023 order that barred recovery of sale and enforcement costs on specified properties. The decision followed the established rule on legal mortgages set out in Fisher & Lightwood’s Law of Mortgage (paragraph 55.6). Put simply, unless the mortgage contains an express term, there is no implied duty on the mortgagor to pay the mortgagee’s costs, charges and expenses, so they cannot be recovered from the mortgagor personally, save where personal liability has arisen in the particular case. Nevertheless, those costs are rolled into the secured indebtedness and, as against the mortgagor and anyone with an interest in the equity of redemption, they are treated as part of the amount owing under the security and must be satisfied as a condition of redemption......

On 2 August 2024, the PPF announced that Kodak Alaris had been reorganised under its ownership and was now ‘performing well’. The consideration for the transaction was not revealed. The PPF added, ‘this is standard practice for pension scheme assets we take on, and, after a thorough process, we are pleased to have secured a good outcome for all parties’...

The use of invoice discounting and factoring of receivables as business finance has expanded markedly in the UK over the past 25 years. Introduction to receivables purchase transactions Invoice discounting and factoring fall within receivables purchase arrangements under which a supplier of goods and/or services (often called the seller or the supplier) transfers, typically by way of assignment, debts owed to it by the purchaser of those goods and/or services (commonly referred to as the buyer or the account debtor), usually together with all associated rights. These receivables purchases are frequently completed at a discounted purchase price. That said, receivables can also be acquired for an amount equal to their face value, with the supplier paying the purchaser a purchase fee. For a variety of reasons, suppliers may opt to sell receivables (on a no recourse or limited recourse basis) in preference to borrowing...

ARCHIVED: This Practice Note is archived and no longer updated. It was initially prepared for Lexis Practice Adviser, in the US. It outlines similarities and differences between the protections available for typical categories of IP, such as literary works (copyright and trade secret); marketing imagery, characters and slogans (copyright and trade mark); product designs (design patent, copyright and trade dress) and inventions (patent and trade secret). It addresses coverage and duration, as well as scope and eligibility requirements too. Literary works—copyright versus trade secret protection For information to amount to a trade secret, it must truly be confidential, the proprietor must take steps to preserve that confidentiality, and it must confer a competitive economic benefit on the owner. Trade secrets usually comprise commercial or business information and may endure without limit, provided the secrecy is maintained. Copyright, by contrast, applies to subject matter such as literary works, audiovisual works, and sound recordings, and only requires that the work is fixed in a tangible medium of expression. Copyright protection...

This Practice Note addresses the relationships that arise among principals, agents, and the third parties with whom the agent transacts on the principal’s behalf. It reviews the principal’s exposure for its agent, the scope of an agent’s authority (including remedies for any excess or breach of authority), fraud and misrepresentation, and the concepts of disclosed and undisclosed principal. Principal’s liability for acts of agent A principal will generally be answerable for all acts carried out by an agent within the agent’s authority, whether liability sounds in contract or in tort. Authority encompasses the agent’s actual, apparent (ostensible), or usual (customary) authority. For further detail, see Practice Notes: Scope and authority of the agent and Forming enforceable contracts—agent’s authority to contract. An agent’s authority derives from the principal, and it should be recognised at the outset that the capacity to bind a principal in contract does not, of itself, determine whether an agency relationship exists. In fact, in many situations an agent will have no power to bind the...

Special conditions of sale Provided that all GENERAL CONDITIONS and SPECIAL CONDITIONS are SALE CONDITIONS (as defined in the glossary), any text that is not within square brackets and not italicised forms the SPECIAL CONDITIONS for the relevant LOT. (Any cross-references to CONDITIONS in the template below are included for convenience only and are not comprehensive.) LOT Number [ insert ] SELLER’s name and address [ Undisclosed—to be identified in the SALE MEMORANDUM. OR [ insert name of seller ] of [ insert address of seller ] ] SELLER’S conveyancer: name, address and reference [ insert name ] of [ insert address ] [ insert reference ] Short description of the LOT (see CONDITION G1.1) [ insert postal address ] Rights to be granted (see CONDITION G1.1) [ None OR [ Insert details ] ] Rights to be reserved (see CONDITION G1.1) [ None OR [ Insert details ] ] Exclusions (see CONDITION G1.1) [ None OR [ Insert details...